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(영문) 전주지방법원 2017.10.24 2017고단1110
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 6, 2017, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.114% among blood transfusions on May 18:40, while making it impossible to drive the vehicle normally due to the influence of 0.114%, and 351 North Korean Office of Education prior to the 351 North Korean Office of Education in front of the front city at the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the second two-lane.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant, by negligence in the course of business entering the intersection even though he did not fulfill the above duty of care due to the influence of alcohol as above, caused the Defendant’s injury to the victim, who passed the above intersection due to the occupational negligence of entering the intersection, resulting in the victim’s low-speed car driving of the victim C ( South, 54 years old) who passed the above intersection according to normal new code, using the above Spool car, thereby causing about four weeks of treatment to the victim due to the shock.

2. Violation of the Road Traffic Act (drinking) driving a vehicle B on the road within about 4 km section from around the day to the place prescribed in paragraph (1) in front of the fluorily fluor who was a fluorous fluorous fluorous fluor in the Yansan-dong, Jeonju-si, under the influence of alcohol level of 0.14% during the influence of alcohol during the day of paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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